Ambush Defence
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Ambush Defence
An ambush defence is one in which defence evidence - notably from expert witnesses - has not been adduced in advance to the prosecuting authorities, leading to their inability to rebut it. The term is used in United Kingdom jurisprudence. Since 1987, the possibility of the ambush defence has been much reduced by The Crown Court (Advance Notice of Expert Evidence) Rules 1987, made under section 81 of the Police and Criminal Evidence Act 1984, which in essence require the defence to provide the prosecution with copies of expert witness reports in sufficient time for the prosecution to consider the nature of and if necessary prepare rebuttal evidence opposing the report. An example of the ambush defence is found in a paper given by Judge John Milford QC at a 1994 Joint Conference entitled "Beyond reasonable doubt" organised by the Royal Society of Medicine and the Expert Witness Institute. Discussing the trial of a train driver following the 1984 derailment of a train near Morpeth ...
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Expert Witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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Police And Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995. PACE has been modified by the Policing and Crime Act 2017, "which mean that there is now a presumption that suspects who are released without charge from police detention will not be released on bail," a formality which was written in PACE 1984 Section 30A. Synopsis Although PACE is a f ...
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John Milford QC
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pop ...
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Royal Society Of Medicine
The Royal Society of Medicine (RSM) is a medical society in the United Kingdom, headquartered in London. History The Society was established in 1805 as Medical and Chirurgical Society of London, meeting in two rooms in barristers’ chambers at Gray's Inn and then moving to Lincoln's Inn Fields where it stayed for 25 years. In 1834 the Society moved to Berners Street and was granted a Royal Charter by King William IV. In 1889 under the leadership of Sir John MacAlister, a Building Committee chaired by Timothy Holmes supervised the move of the quarters of the Society from Berners Street to 20 Hanover Square. In 1905 an eleven-member committee headed by Sir Richard Douglas Powell organised the celebration of the Society's centenary. Two years later the Royal Medical and Chirurgical Society of London came together with seventeen specialist medical societies and, with a supplementary Royal Charter granted by Edward VII, became the Royal Society of Medicine. In 1910 the Society ...
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Expert Witness Institute
The Expert Witness Institute is a UK legal institute for expert witnesses founded by Lord Woolf, Michael Davies (judge) and other legal experts including Sir Robin Jacob and Roger V Clements. It was incorporated as a non-profit making company in 1997. The Institute developed views on the Ambush defence in 1994 Joint Conference entitled "Beyond reasonable doubt" organised with the Royal Society of Medicine The Royal Society of Medicine (RSM) is a medical society in the United Kingdom, headquartered in London. History The Society was established in 1805 as Medical and Chirurgical Society of London, meeting in two rooms in barristers’ chambers ....Medicines, Medical Devices and the Law John O'Grady, Ian Dobbs-Smith, Nigel Walsh --2011 Page 365 "At the conference the following year, the Expert Witness Institute was launched by Lord Woolf, its President. Its foundation appears to have been universally welcomed and there have been over 700 applications for membership. " Refer ...
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Rail Accidents At Morpeth
The town of Morpeth in Northumberland, England, has what is reputed to be the tightest curve ( radius) of any main railway line in Britain. The track turns approximately 98° from a northwesterly to an easterly direction immediately west of Morpeth Station on an otherwise fast section of the East Coast Main Line railway. This was a major factor in three serious derailments between 1969 and 1994. The curve has a permanent speed restriction of . 1877 derailment On 25 March 1877, the 10:30 p.m. train from Edinburgh to London Kings Cross was derailed on the curve. It was travelling at only . The officer from the Railway Inspectorate who held the inquiry, Captain Henry Tyler, found that faulty track was to blame. He also commented perspicaciously "It would obviously be better if a deviation line could be constructed, to avoid the use of so sharp a curve on a main line". This "deviation line" has still not yet been built . 1969 derailment On 7 May 1969 a northbound ''Aberdon ...
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Morpeth, Northumberland
Morpeth is a historic market town in Northumberland, North East England, lying on the River Wansbeck. Nearby towns include Ashington, Northumberland, Ashington and Bedlington, Northumberland, Bedlington. In the United Kingdom Census 2011, 2011 census, the population of Morpeth was given as 14,017, up from 13,833 in the United Kingdom Census 2001, 2001 census. The earliest evidence of settlement is believed to be from the Neolithic period, and some Roman artifacts have also been found. The first written mention of the town is from 1080, when the de Merlay family was granted the barony of Morpeth. The meaning of the town's name is uncertain, but it may refer to its position on the road to Scotland and a murder which occurred on that road. The de Merlay family built two castles in the town in the late 11th century and the 13th century. The town was granted its coat of arms in 1552. By the mid 1700s it had become one of the main markets in England, having been granted a market charte ...
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Criminal Defenses
In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the ''intent'' element), known as defenses. The label may be apt in jurisdictions where the ''accused'' may be assigned some ''burden'' before a tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the ''prosecution'', which also must prove the ''absence'' of these defenses, where implicated. In other words, in many jurisdictions the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment. Types of defenses in a Court of Law Mental disorder (insanity) Insanity or ''mental disorder'' (Australia and Canada), may negate the ''intent'' of any crime, although it pertains only to those crimes having an ''intent'' element. A variety of rules have been advanced to define what, precisely, constitutes criminal ''insanity''. The most common definitio ...
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